who are faced with tenant eviction in Hong Kong
can proceed by observing the current laws in force and also the rights of the tenant.
The law governing property lease in Hong Kong, as well as the relationship between the landlord and the tenant, is the Landlord and Tenant (Consolidation) Ordinance. However, the two signatory parties are free to determine their own terms of lease and tenancy, as long as they do not infringe the laws in force, especially those in the aforementioned Ordinance.
The experts at our Hong Kong law firm
can help you with legal counseling and advice in any case involving the eviction of one or more tenants.
Landlord and tenant relationship in Hong Kong
The tenancy agreement should include all of the terms for the occupation of the rented space. This includes the length of tenancy, payment amount and period, initial deposit and the scope of the use (for office purposes, residential or otherwise).
The termination of a tenancy agreement in Hong Kong takes place upon the expiration of the agreement. The parties do not need to send a notice of termination. In case of any disagreements or if one of the parties breaks a clause in the agreement, both the tenant and the landlord have the right to terminate the tenancy early, by agreement.
The tenancy agreement may be terminated unilaterally only if the contract contains a break clause. One of our lawyers in Hong Kong
can help you include this type of clause in the agreement.
Grounds for eviction in Hong Kong
The landlord may terminate the agreement and even order the eviction of the tenant if:
- the tenant does not pay the rent within a pre-determined due date;
- uses the premises for illegal purposes;
- causes disturbances;
- alters the premises without the landlord’s consent.
In cases where the tenant refuses to leave the premises after the expiration date of the tenancy agreement, the landlord has the right to notify the Lands Tribunal. One of our attorneys in Hong Kong can help you follow the legal steps if the tenant refuses to leave.